I've heard guys say game wardens are welcome on their place at any time. However, I have to wonder if they would feel that same way if officers had taken their game cameras.

Link

This one should be interesting,

Yes, even if the landowner had committed a crime, I have to believe any evidence captured by the landowner's camera taken without a warrant would never be allowed in court.

I also have to believe this is not the first time this officer has taken a landowner's or hunter's camera to search for evidence.

Sueing for $1. Hope he wins.

It may fall into line the same as phones. I know police have been known to "seize" phones, but must then obtain a warrant before they can search the contents. I do see how this could be abused with a trail camera as it would be unenforceable to know if they secretly looked at the pictures first to see if it would be worth obtaining the warrant.

It took all of two minutes to find an example on a phone seizure from a TPWD game warden field notes page.

Don’t Text and Poach
During a public outreach event, game wardens were provided information about deer being killed throughout the hunting season by the same two suspects. A warden was able to make contact with the suspects from the incident and was given a confession that in addition to killing one deer in January, another white-tailed doe was killed in February on the north side of Canyon Lake. The shooter admitted to killing the deer from a roadway, and at night, with a 20-gauge shotgun. The shooter also admitted to cutting the head off with a hatchet and disposing of the head in a wooded area. During the investigation, game wardens confiscated the shooters cellphone, and a search warrant was completed on the phone which uncovered numerous pictures and videos from another deer being killed in late December. The videos included the deer carcass being mutilated by both individuals. Two assault rifles, one shotgun, numerous knives and a hatchet were seized related to the illegal killing of white-tailed deer. Cases and restitution are pending.

And a game camera seizure case in Pennsylvania.
https://www.pennlive.com/news/2019/...egal-elk-feeding-case-pa-court-says.html
"Game Commission can use man’s own game camera against him in illegal elk feeding case, Pa. court says"

Open Fields Doctrine.
This has been happening for many years, not new to current political times.
Been a few cases over the years.

https://issuu.com/realtors_land_institute/docs/rli_terra_firma_winter_2023_issuu/s/18005147
https://ij.org/case/pennsylvania-open-fields/
https://ir.law.fsu.edu/cgi/viewcontent.cgi?article=2173&context=lr
https://tennesseelookout.com/2022/0...ss-searches-by-state-wildlife-officials/

They’ve been overstepping their bounds for awhile, but only because the courts allow them to.

The open-field doctrine is in the U.S. law of criminal procedure, it states that a "warrantless search of the area outside a property owner's curtilage" does not violate the Fourth Amendment to the United States Constitution. It’s nothing new and has been tested thousands of times. It’s been on here a multitude of times. How the OP could be ignorant of it is beyond me.

Consider the cut/paste source.

A Game Warden can seize nearly anything he wants without a warrant. Live by that and you won't get in trouble.

^^All there is to it.

I only scanned this but all I can say is that opinions on game wardens on here goes both ways, sooooo…

We’re definitely on the same blood trail I honestly figured this would have gone completely sideways by now.

Was told long time ago, Game Wardens have the most jurisdiction of any law enforcement, both state and federally. I have no issues as long as "reasonable cause or doubts are guiding their unbiased actions".

While that probably hasn’t changed much, it was before the days of the 24-hour news cycle and when people had seen their DOJ and FBI go “sideways”. People today are far more likely to question such tactics while others scoff at them for not being a good sheep.

Question all you want, doesn't alter what the law allows or calls for. Opinions are that, not law.

Thanks for sharing. I knew game wardens had greater jurisdiction than other officers but was not aware of this doctrine, much less the fact that several states have done away with it.

No one ever reads section D. Game wardens have the same powers as any other LEO. Not any more or any less. The open fields doctrine lets them roam around properties looking for violators. Not the right to search your house, etc. without a warrant. Read section D.

b) Except as provided by Subsection (d), a game warden or other peace officer commissioned by the department who observes a person engaged in an activity regulated by this code or under the jurisdiction of the commission or reasonably believes that a person is or has been engaged in an activity regulated by this code or under the jurisdiction of the commission may inspect:
(1) any license, permit, tag, or other document issued by the department and required by this code of a person hunting or catching wildlife resources;
(2) any device that may be used to hunt or catch a wildlife resource;
(3) any wildlife resource in the person's possession; and
(4) the contents of any container or receptacle that is commonly used to store or conceal a wildlife resource.
(c) Except as provided by Subsection (d), a game warden or other peace officer commissioned by the department may inspect any wildlife resource that has been taken by a person and is in plain view of the game warden or other peace officer.
(d) Nothing in this section authorizes a game warden or other peace officer commissioned by the department to conduct a search otherwise authorized by this section:
(1) in a person's residence or temporary residence; or
(2) on a publicly maintained road or way that is:
(A) improved, designed, or ordinarily used for vehicular traffic;
(B) open to the public; and
(C) distinguishable from a shoulder, berm, or other area not intended for vehicular traffic.

overstepping their bounds since they were created. Always remember to close the gate at the road, so at least they have to walk in to snoop

Its a shame they didnt do that with Hillary's phone before she got to it

Drones

I do wonder when Americans are going to have enough of it and remember that we used to tar and feather folks who worked for the government and stepped out of bounds....

MOST of my interactions with police/law enforcement have been positive.... a wife/husband duo who work as Texas game wardens in southeast Texas take the cake for the worst experience I have ever had. To act the way they did blew my mind... especially considering we were completely legal... I just figured they will get their due when they mess with the wrong person in the wrong place one day.

In most cases I'm pro-game warden and have a good relationship with our local guy. That relationship would get strained really quick if he confiscated my camera and then tried to use any pics as proof of a violation.

We all know that the US Constitution is null & void if you are fishing or hunting. It’s clearly stated in the Constitution.

It’s amazing how many supposedly conservative sportsmen just accept this. It’s the ole, “ I got nothin’ to hide,” nonsense. Yeah, don’t you worry about your rights, or anything. Just be a good boy and play by the new set of rules.